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HomeMy WebLinkAbout2014-01-28; City Council; Resolution 2014-0161 RESOLUTION NO. 2014-016 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AFFORDABLE HOUSING AGREEMENT AUTHORIZING THE VALLEY 17 SUBDIVISION TO UTILIZE SECOND 4 DWELLING UNITS TO SATISFY INCLUSIONARY HOUSING REQUIREMENTS. 5 CASE NO: CT 12-07 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on September 18, 2013, the Planning Commission approved the Valley 17 subdivision (CT 12-07) for the development of 17 single family residences on property located on the southwest corner of the intersection of Oak Avenue and Valley Street, including a proposal to provide three second dwelling units affordable to low income households per the City of Carlsbad's Inclusionary Housing Ordinance; and WHEREAS, the developer of the Valley 17 subdivision (CT 12-07) has proposed to meet the project's Inclusionary Housing Ordinance requirement with an alternative housing solution which would result in the developer providing three second dwelling units within the market rate development which will be affordable to low income households; and WHEREAS, the Inclusionary Housing Ordinance allows, at the discretion of the City Council, a housing alternative when the proposed alternative supports specific housing policies and goals and a determination is made that the new construction would be infeasible or present unreasonable hardship; and WHEREAS, based upon the City Council's determination that it would be financially infeasible and would represent an unreasonable hardship upon the subject developer to make three of the single family residences within the subject development affordable to low income households and the proposed alternative to satisfy the inclusionary requirement through the construction of three second dwelling unit on the site of the market rate development does meet the goals of the Inclusionary Housing Ordinance and the City's Housing Element; and WHEREAS, the City Council did hold a public meeting to consider the developer's request to approve an affordable housing agreement to allow three second dwelling units to 3 1 satisfy the inclusionary housing requirement for the Valley 17 subdivision (CT 12-07) located on 2 the southwest corner of the intersection of Oak Avenue and Valley Streret; and 3 WHEREAS, upon hearing and considering all testimony, if any, of all persons desiring to 4 be heard, said City Council considered all factors relating to the proposed inclusionary housing 5 alternative. 6 NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Carisbad, 7 California, does hereby find as follows: 8 1. The above recitations are true and correct. 9 2. The developer's proposal to provide three second dwelling units affordable to 10 low income households on the site of the market rate development as an alternative to 11 constructing three single family residences and making them affordable to low income 12 households to satisfy the inclusionary housing requirement for the Valley 17 subdivision (CT 12- 13 07) is consistent with the goals and objectives, and serves the priorities of, the City of CaHsbad's 14 Housing Element, Consolidated Plan, the Inclusionary Housing Ordinance, and the Carlsbad 15 General Plan. 16 3. As required by Section 21.85.070 of the Carisbad Municipal Code, the City 17 Council hereby finds that the requirement to construct three single family residences and make 18 them affordable to low income households within the Valley 17 market rate development (CT 19 12-07) would be financially infeasible and would present an unreasonable hardship on the 20 developer due to the development's small project size of 17 units and the substantial subsidy 21 required to make those three units affordable to a low income household. 22 4. That based on the information provided within the City Council staff report and 23 testimony presented during the public meeting of the City Council, the City Council hereby 24 approves an Affordable Housing Agreement, in substantially the form presented and subject to 25 final approval by the City Attorney, to allow three second dwelling units on the site of the 26 market rate development as an acceptable housing alternative to providing three single family 27 28 1 residences affordable to low income households to satisfy the Inclusionary Housing 2 requirement for the Valley 17 subdivision. 3 5. That the Housing and Neighborhood Services Director or his or her designee is 4 authorized by the City Council to execute all documents related to approval of the subject 5 alternative inclusionary housing proposal, including but not limited to an Affordable Housing 6 Agreement in substantially the form presented to the City Council and subject to final approval 7 of said Agreement by the City Attorney. 8 9 10 11 12 13 14 /// 22 23 24 25 26 27 28 /// /// 15 16 17 18 19 20 21 /// /// /// /// /// 5 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 28^^ day of January, 2014, by the following vote to wit: AYES: NOES: ABSENT: Council Members Hall, Wood, Blackburn, Douglas. None. Council Member Packard. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: BARBARA ENGLESON, Cit^ Clerk